Court Orders 1981 Zone Ruling Be Re-heard

August 09, 1984|The Morning Call

A zoning appeal originally granted by Allentown Zoning Hearing Board in 1981 is coming back to the board for additional findings under a Lehigh County Court order.

The case, one of six on the board's agenda for its 7 p.m. hearing Monday in City Hall Council Chambers, involves variance requested by John W. Troxell Jr., who proposes to construct a two-story, single-family dwelling on a lot at 2201 E. Cedar St.

Variance is required because the construction would result in there being insufficient front setback from Van Buren Street and insufficient side yard area.

The board's 1981 ruling was appealed to the courts by neighbors. The courts, in turn, remanded the case to the zoners.

In another appeal, the Spanish Bible-Way Mission seeks variance to maintain use of the first floor area of a property at 515 N. 7th St. as a church, a prohibited use of the property located in a neighborhood business district. The property has been used as a church without prior board approval.

Richard L. and Dianna L. Reppert seek approval of an application proposing subdivision of a lot known as 322-36 N. Madison St. into four lots to be known as 322, 324 and 326 N. Madison St., and 321-25 N. Clinton St. The properties now house three homes and a warehouse.

Board approval is required because the properties would be left with insufficient rear yard area or insufficient lot area and, in one instance, the lot coverage would be in excess of what the code permits for a property in a medium high density residential district.

Dr. Mario A. Candal will come back to the board for a re-approval of a proposal to convert a detached garage at the rear of 315-17 N. 2nd St. into a professional office building and place a sign on the property.

Candal originally was granted approval in July 1983 but the project was not begun before the permit expired, thus the rehearing is necessary due to the doctor's intent being prohibited in the medium high density residential district.

The appeal also has been expanded, seeking approval of the use of a dwelling on the property as a temporary office until the garage has been converted. The code allows the board to issue such temporary permits if the main appeal is granted.

In another appeal, the board will be asked to grant variance to a firm trading as the 39 Original Hamburger Stand to construct a one-story addition to the front of the former Der Wienerschnitzel Restaurant at 1134-40 Hanover Ave. Variance is required because the intent involves an expansion of a nonconforming use and structure in the medium high density residential district.

Michael and Deborah K. Daniels seek variance to construct a one-story addition to their residence at 335 S. 20th St., the addition involving an expansion of a nonconforming use and structure in the park and institutional district.

During the board's hearing last Monday, Haven House, headquartered at 21 N. 13th St., won approval to convert a structure at1108 Walnut St. into an office for its partial hospitalization center.

Several neighbors were on hand to voice opposition to the request, telling the board that there already are too many such facilities in that block and the end result is that the character of the neighborhood is being changed. The neighbors also cited parking concerns because of a lack of on-street space already existing in that block.

The board also approved variance permitting Fred Shareff, owner of Thermal Seal Window Corp., to construct two second floor additions and a connecting stair tower on a structure at 858-66 N. Graham St. The additions will be used to provide more office and storage area.

After several neighbors complained about parking problems already existing in the neighborhood, the board attached a condition to its approval stipulating that Shareff realign his parking lot so the minimum

The board also approved a special use application permitting Penn State Building Partnership to amend a prior board order pertaining to the number of spaces to be provided on a parking lot serving occupants of the apartment project at 735-39 Railroad St. The original board order called for 19 parking spaces. Under the revised order, only 10 will be required.

Again neighbors were on hand to voice concern about existing conditions, pointing out the lot has not been maintained as had been indicated when the appeal was originally approved. As a result, the board attached conditions stipulating the owners must fence the borders of the parking area and provide suitable drainage.

In the final case, the board approved the request of Janice B. Atherton to convert a portion of the first floor of a residence at 808 N. 7th St. into a real estate office. But the board denied Atherton's request toerect a large revolving sign on the front porch roof.

While the board denied use of the revolving sign, it approved use of a smaller flat wall sign.

Another case originally scheduled to be heard was withdrawn. It involved the variance requested by Si Quoc and Ngon Chau La to use the first floor of a structure at 423-31 Green St. as a sewing mill and use the second floor for a warehouse. The intended uses are prohibited within a nonconforming structure located in the medium high density residential district.